CHAPTER 5. CONFIDENTIAL RECORDS

IC 11-8-5
    Chapter 5. Confidential Records

IC 11-8-5-1
"Personal information" defined
    Sec. 1. As used in this chapter, "personal information" has themeaning set out in IC 4-1-6-1.
As added by Acts 1979, P.L.120, SEC.1.

IC 11-8-5-2
Classification; denial of access; disclosure to certain parties
    Sec. 2. (a) The department may, under IC 4-22-2, classify asconfidential the following personal information maintained on aperson who has been committed to the department or who hasreceived correctional services from the department:
        (1) Medical, psychiatric, or psychological data or opinion whichmight adversely affect that person's emotional well-being.
        (2) Information relating to a pending investigation of allegedcriminal activity or other misconduct.
        (3) Information which, if disclosed, might result in physicalharm to that person or other persons.
        (4) Sources of information obtained only upon a promise ofconfidentiality.
        (5) Information required by law or promulgated rule to bemaintained as confidential.
    (b) The department may deny the person about whom theinformation pertains and other persons access to informationclassified as confidential under subsection (a). However, confidentialinformation shall be disclosed:
        (1) upon the order of a court;
        (2) to employees of the department who need the information inthe performance of their lawful duties;
        (3) to other agencies in accord with IC 4-1-6-2(m) andIC 4-1-6-8.5;
        (4) to the governor or the governor's designee;
        (5) for research purposes in accord with IC 4-1-6-8.6(b);
        (6) to the department of correction ombudsman bureau inaccord with IC 11-11-1.5;
        (7) to a person who is or may be the victim of inmate fraud (IC35-43-5-20) if the commissioner determines that the interest indisclosure overrides the interest to be served by nondisclosure;or
        (8) if the commissioner determines there exists a compellingpublic interest as defined in IC 4-1-6-1, for disclosure whichoverrides the interest to be served by nondisclosure.
    (c) The department shall disclose information classified asconfidential under subsection (a)(1) to a physician, psychiatrist, orpsychologist designated in writing by the person about whom theinformation pertains.
    (d) The department may disclose confidential information to the

following:
        (1) A provider of sex offender management, treatment, orprogramming.
        (2) A provider of mental health services.
        (3) Any other service provider working with the department toassist in the successful return of an offender to the communityfollowing the offender's release from incarceration.
    (e) This subsection does not prohibit the department from sharinginformation available on the Indiana sex offender registry withanother person.
As added by Acts 1979, P.L.120, SEC.1. Amended by P.L.292-2001,SEC.4; P.L.140-2006, SEC.12 and P.L.173-2006, SEC.12;P.L.81-2008, SEC.1.

IC 11-8-5-3
Parties not authorized to be agents
    Sec. 3. A committed person or a person receiving correctionalservices from the department may not be an authorized agent forpurposes of IC 4-1-6-3.
As added by Acts 1979, P.L.120, SEC.1.

IC 11-8-5-4
Access controls to be established
    Sec. 4. The department shall, consistent with IC 4-1-6 and thischapter, establish, under IC 4-22-2, access controls for all categoriesof personal information maintained by that agency.
As added by Acts 1979, P.L.120, SEC.1.

IC 11-8-5-5
Repealed
    (Repealed by P.L.19-1983, SEC.12.)